Kelley v. Smith

Supreme Court of Georgia

Kelley v. Smith

165 S.E. 87, 175 Ga. 277, 1932 Ga. LEXIS 234

CourtSupreme Court of Georgia

DecidedAugust 10, 1932

DocketNo. 8584

StatusPublished

Cited by1 cases

This text of 165 S.E. 87 (Kelley v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kelley v. Smith, 165 S.E. 87, 175 Ga. 277, 1932 Ga. LEXIS 234 (Ga. 1932).

Pincite

Opinion

Atkinson, J.

1. The charge “Misrepresentation of a material fact, made wilfully to deceive or recklessly without knowledge, and acted upon by the other party, constitutes legal fraud,” was not cause for reversal, under the evidence in this case.

2. The omission of the judge, without appropriate request, to charge the law relating to conflicting evidence and the credibility of witnesses was not cause for a reversal of the judgment refusing a new trial. Darden v. State, 171 Ga. 160 (6) (155 S. E. 38).

3. The requested charge which is set forth in the first special ground of the motion for a new trial, and the suggested charge which it is alleged in the second and fourth grounds that the court should have given, were not properly adjusted to the pleadings and all the evidence, and were argumentative and show no cause for a reversal.

4. The evidence was sufficient to support the verdict, and there was no error in refusing a new trial. Judgment affirmed.

All the Justices concur. Thad L. Bynum and J. B. Jones, for plaintiff in error. G. A. Johns, contra.

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